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Full-Text Articles in Law
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
“Interrogation-Related Regulatory Decline:” Ego-Depletion, Failures Of Self-Regulation And The Decision To Confess, Deborah Davis, Richard Leo
Richard A. Leo
As reflected in rulings ranging from Trial Courts to the U.S. Supreme Court, our judiciary commonly views as “voluntary,” and admits into evidence, interrogation-induced confessions obtained under conditions entailing stressors sufficient to severely compromise or eliminate the rational decision making capacities and self-regulation abilities necessary to justify such a view. Such decisions reflect, and sometimes explicitly state, assumptions soundly contradicted by science regarding the capacity of normal suspects lacking mental defect to withstand such stressors as severe fatigue, sleep deprivation, emotional distress-- and aversive interrogation length, tactics and circumstances--and nevertheless resist the powerful pressures of the interrogation to self-incriminate. Notwithstanding …
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo
Richard A. Leo
This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should …
Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Richard A. Leo
Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends, we …
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo
Richard A. Leo
Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated …
Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Police-Induced Confessions: Risk Factors And Recommendations, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich
Richard A. Leo
Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on …
What Do Potential Jurors Know About Police Interrogation Techniques And False Confessions?, Richard Leo, Brittany Liu
What Do Potential Jurors Know About Police Interrogation Techniques And False Confessions?, Richard Leo, Brittany Liu
Richard A. Leo
Psychological police interrogation methods in America inevitably involve some level of pressure and persuasion to achieve their goal of eliciting confessions of guilt from custodial suspects. In this article, we surveyed potential jurors about their perceptions of a range of psychological interrogation techniques, the likelihood that such techniques would elicit a true confession from guilty suspects and the likelihood that such techniques could elicit a false confession from innocent suspects. Participants recognized that these interrogation techniques may be psychologically coercive and may elicit true confessions, but that psychologically coercive interrogation techniques are not likely to elicit false confessions. The findings …
Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise?, Iris Blandon-Gitlin, Kathryn Sperry, Richard Leo
Jurors Believe Interrogation Tactics Are Not Likely To Elicit False Confessions: Will Expert Witness Testimony Inform Them Otherwise?, Iris Blandon-Gitlin, Kathryn Sperry, Richard Leo
Richard A. Leo
Situational factors – in the form of interrogation tactics – have been reported to unduly influence innocent suspects to confess. This study assessed jurors’ perceptions of these factors and tested whether expert witness testimony on confessions informs jury decision-making. In Study 1, jurors rated interrogation tactics on their level of coerciveness and likelihood that each would elicit true and false confessions. Most jurors perceived interrogation tactics to be coercive and likely to elicit confessions from guilty, but not from innocent suspects. This result motivated Study 2 in which an actual case involving a disputed confession was used to assess the …
Psychological And Cultural Aspects Of Interrogations And False Confessions: Using Research To Inform Legal Decision-Making, Richard A. Leo, Mark Costanzo, Netta Shaked-Schroer
Psychological And Cultural Aspects Of Interrogations And False Confessions: Using Research To Inform Legal Decision-Making, Richard A. Leo, Mark Costanzo, Netta Shaked-Schroer
Richard A. Leo
False confessions are a major cause of wrongful convictions. In many countries, physical abuse and torture are still used to extract confessions from criminal suspects. Cultural orientations such as collectivism and power distance may influence the tendency to confess, and a suspect's past experience in a country that uses physical abuse during interrogations may render suspects fearful and more prone to falsely confess. After looking at interrogations outside the United States, we examine the issue of why false confessions sometime occur in the U.S. legal system. We prove an overview of the stages of a typical interrogation and provide a …
Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo
Research And Expert Testimony On Interrogations And Confessions, Mark Costanzo, Richard Leo
Richard A. Leo
In this chapter, the authors summarize the scholarly literature on false confessions and propose possible solutions to the problem of false confessions. The chapter begins by discussing some of the characteristics and major categories of false confessions. Next, the authors review risk factors that increase the likelihood of false confessions, including youth, cognitive impairment, mental illness, or certain vulnerable personalities. The authors also identify characteristics of the interrogation process that may raise the risk of false confessions and some of the cognitive and emotional factors that may enter into a suspect's decision to make a false confession. The authors describe …
Strategies For Preventing False Confessions And Their Consequences, Deborah Davis, Richard Leo
Strategies For Preventing False Confessions And Their Consequences, Deborah Davis, Richard Leo
Richard A. Leo
Researchers have amply documented that contemporary methods of psychological interrogation can, and sometimes do, lead innocent individuals to confess falsely to serious crimes. The consequences of these false confessions can be disastrous for innocent individuals. This chapter reviews the primary causes of false confession and resultant miscarriages of justice that are subject to the influence of law enforcement and the courts. We first review the major identifiable causes of false confession, offering suggestions for ways to minimize or avoid them. We offer four primary strategies for prevention of false confessions: (i) interrogation only of those for whom there is sufficient …
Beating A Bum Rap, Richard Leo
Beating A Bum Rap, Richard Leo
Richard A. Leo
This essay focuses on the author's experience as an expert witness in the murder trial of Kenneth Cowling and his use of social science research in the courtroom. The author details the value of social science research in the context of police interrogation methods and its use in educating juries about the causes and consequences of false confessions. The essay concludes with a brief discussion of the evidence that led to Cowling's acquittal.